Computer Software Copyright in India

Computer Software Copyright

Like any other original work, computer software is protected by the Copyright Act. However, the software must not lead to technical effect is not a program. The software which has a technical effect will be dealt with the Patent Act. To enjoy copyright protection the software must be an original work and should be published in India and not abroad. The author of the work must be an Indian citizen or citizen of any other country who is a member of Berne Convention or UCC. 

Why is it necessary?

The Act endeavours to allow author the liberty to reproduce the work and have the right to sell it. It also seeks to safeguard his economic rights. It must be noted that the author of the software has the first right on the product. However, if he is under the contract of an employer, the employer will hold all the rights regarding the software.

Section 51 talks about infringement of copyright and states that under those circumstances when a person not authorized to reproduce or benefit from the software does so, is brought into the book under Chapter XII of the act. The law is pretty harsh and is punishable with imprisonment up to 3 years and a fine of maximum Rs 2 lacs.

Eligibility Criteria for Computer Software Copyright

Make sure that your Computer Software is an original one, that’s the only eligibility criteria to obtain Computer Software Copyright.

Documents Required for Computer Software Copyright

In regard to the Computer Software Copyright, following documents are needed

• NOC of the Creator/Person involved in creation of Software.
• Source code of the computer software

Process for Computer Software Copyright

The copyright registration process for a Computer Softwareis a long one, and it involves a lot of legal requirements. However, all of that can be compressed into the following points:

1. Perform a copyright registration search to see if the Computer Softwareof the same name, content and nature is already copyrighted
2. File the application for copyright registration along with a copy of the work you want to copyright.
3. Wait for the copyrighted material to be published
4. It shall stay in the journal for a while.

Once you get the copyright registration, the benefits come then. However, the time it takes for the process to be completed can take even years.

Our Assistance to file the Computer Software Copyright

We, at Registrationwala provide end to end solutions for Computer Software Copyright. Our services include:

·         Collection of information and starting the process

·         Drafting the application

·         Reviewing the draft and making changes if necessary

·         Filing the application of Computer Software Copyright

Registrationwala.com is a leading legal consultancy firm providing the comprehensive services relating to Computer Software Copyright

Contact us to get Computer Software Copyright.